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HomeMy WebLinkAbout16- Public Works File No. 14.40-74 CITY OF SAN BERN! IDINO - REQUEST Fr I COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution Authorizing Execution of Agreements for Engineering and Con- Dept: Public Works/Engineering sultant Services relative to City Wide Assessment District No. 994 Date: January 19, 1994 Synopsis of Previous Council action: 06-04-90 --- Resolution No. 90-207 was adopted, making a finding that the public interest, convenience and necessity require the formation of a City-wide street lighting and street sweeping assessment district, known as Assessment District No. 994 07-17-90 --- Resolution No. 90-323 adopted, creating Assessment District No. 994 07-08-93 --- Resolution No. 93-236 adopted, confirming 1993-94 Assessment Roll 01-10-94 --- Authorization to proceed with the extension and expansion of City-wide Assessment District No. 994 and to retain the services of GFB-Friedrich & Associates, Inc. and Brown, Diven and Hentschke was given. Recommended motion: Adopt Resolution cc: Shauna Clark, City Administrator Barbara Pachon, Director of Finance Signature Jim Penman, City Attorney Les Fogassy 5344 Contact person: Phone: Supporting data attached: Staff Report Ward: ALL FUNDING REQUIREMENTS: Amount: $26,340 Source: (Acct. No.) 257-672-53925 (Assessment District ) Acct. Description) Assessment District No. 994 --- City Wide Street Lighting / Street Sweeping. j Council Notes: 75-0262 Agenda Item No. 1 r CITY OF SAN BERNf 'gDINO - REQUEST F^R COUNCIL ACTION STAFF REPORT On January 10,1994, authorization was given to initiate proceedings for the extension and expansion of City wide Assessment District No. 994. Authorization was also given to retain the services of GFB-Friedrich & Associates, Inc. , for Assessment Engineering Services and to retain the services of Brown, Diven and Hentschke for Consultant Services. The firm of GFB-Friedrich & Associates, Inc. , was retained as Assessment Engineer for the establishment of this district in 1990. Services to be provided will include the establishment of the assessment formulas, preparation of the Engineer's Report and the preparation of the District Boundary Map and the District Diagram Map. As stated in the agreement, cost of services is not to exceed the amount of 516,340.00 The City has used the services of Brown, Diven and Hentschke as Legal Consultant and as Bond Counsel for various assessments districts in the past and the firm has always performed in a competent manner. The firm will provide services as legal consultants relative to the proposed extension and expansion of the Assessment District. As stated in the agreement, the cost for services will not exceed $10,000. The cost for both of these services, will be paid for by the City and will be reimbursed by the Assessment District if the proposal is approved. 75-0264 1 RESOLUTION NO 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES WITH THE FIRM OF 3 GFB-FRIEDRICH & ASSOCIATES, INC. , AND AN AGREEMENT FOR CONSULTANT SERVICES WITH THE FIRM OF BROWN, DIVEN & HENTSCHKE RELATIVE TO THE PROPOSED EXTENSION 4 AND EXPANSION OF CITY-WIDE ASSESSMENT DISTRICT NO. 994 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . That the Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an agreement for 8 Assessment Engineering Services with the firm of GFB-Friedrich & Associates, 9 Inc. , relative to the proposed extension and expansion of City-Wide 10 Assessment District No. 994, a copy of which is attached hereto and marked 11 as Exhibit "A" and incorporated herein by reference as fully as though set 12 forth at length. 13 SECTION 2. That the Mayor of the City of San Bernardino is hereby 14 authorized and directed to execute on behalf of said City an agreement for 15 Consultant Services with the firm of Brown, Diven and Hentschke, relative to 16 the proposed extension and expansion of City-Wide Assessment District No. 17 994, a copy of which is attached hereto and marked as Exhibit "B" and 18 incorporated herein by reference as fully as though set forth at length. 19 SECTION 3. This resolution is rescinded if the parties to the Agreement 20 for Assessment Engineering Services and the parties to the Agreement for 21 Consultant Services fail to execute them within sixty (60) days of the 22 passage of this resolution. 23 24 25 26 27 28 01-19-4 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS RELATIVE TO CITY WIDL ASSESSMENT DISTPICT NO. 994. 1 I HEREBY CERTIFY that the foregoing resolution was dull adopted by the 2 Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof held on the day of 4 19 , by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE 7 CURL I N 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 _ City Clerk 15 16 The foregoing resolution is hereby approved this day of 19 17 18 19 TOM MINOR, Mayor City of San Bernardino 20 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By. 26 27 28 01-19-94 -2- AGREEMENT THIS AGREEMENT is made and entered into this day of 19 , by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called CITY, and GFB-FRIEDRICH & ASSOC., INC., a California corporation, hereinafter called ENGINEER. WITNESSETH: The parties hereto do agree as follows: 1. Recitals This Agreement is made and entered into with respect to the following facts: a. That CITY desires to renew and update existing Assessment District No. 994, originally formed in 1990, by adding new improvements and recent annexations for Fiscal Year 1994/95, all pursuant to Chapter 12.90 of the City's Municipal Code; and b. That in order to update such a program. It is necessary to retain the professional services of a qualified engineering and consulting firm; and C. That ENGINEER is qualified to provide said professional services for the refinement of such a program; and d. That the City of San Bernardino Mayor and Common Council have elected to engage the services of ENGINEER upon the terms and conditions as hereinafter set forth. 2. Services ENGINEER shall perform those services specified in "Scope of Work", a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. Performance of the work specified in said "Scope of Work" is made an obligation of ENGINEER under this Agreement, subject to any changes made subsequently upon the mutual agreement of the parties hereto. 3. Fee Compensation to ENGINEER for the total labor services to be rendered pursuant to this Agreement shall be based on time and materials to a maximum amount of fifteen thousand four hundred ninety dollars ($15,490.00); which amount shall be paid in monthly installments as work progresses and shall be totally due and payable upon completion of all the terms of work specified in the Scope of Work (Exhibit "A"). Reimbursable outside costs such as printing, binding, blueprinting, photo reductions or enlargements, PMT's, City or County fees (if any), and courier service shall be invoiced additionally at ENGINEER'S vendor cost to a maximum amount of eight hundred fifty dollars ($850.00). Therefore, the maximum total fee compensation shall be sixteen thousand three hundred forty dollars ($16,340.00). 4. Extra Services No extra services shall be rendered by ENGINEER under this Agreement unless such extra services shall be authorized, in writing, by CITY. Authorized extra services shall be invoiced based on ENGINEER'S "Schedule of Hourly Rates" dated August 1, 1993, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 5. Payment by City The billings for all services rendered pursuant to this Agreement shall be submitted monthly by ENGINEER to CITY and shall be paid by CITY within twenty (20) days after receipt of same. 6. District Supervision The Director of Public Works/City Engineer of CITY, or his designee, shall have the right of general supervision of all work performed by ENGINEER and shall be CITY'S agent with respect to obtaining ENGINEER'S compliance hereunder. No payment for any services rendered under this agreement shall be made without prior approval of the Director of Public Works/City Engineer or his designee. 7. Time The ENGINEER shall perform his professional services in a timely manner consistent with sound professional practices. ENGINEER shall adhere to any reasonable project schedule that the project team may set. The recommended schedule should be set to have the final public hearing no later than late June 1994, which will allow the City to submit fixed-charge assessments to the San Bernardino County Auditor-Controller's office no later than late July 1994. 2 8. Assurance of Compliance with Civil Rights Laws ENGINEER hereby declares that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. ENGINEER agrees to take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to their race, color, religion, sex, marital status or national origin. Such action shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; and designated representatives. In addition, ENGINEER shall not exclude from participation in, deny the benefits of or subject to discrimination under this Agreement any employee or applicant for employment on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964 or Title VIII of April 11, 1968, as amended, shall also apply. 9. Termination of Agreement The CITY or the ENGINEER may terminate this AGREEMENT for reasons identified elsewhere in this AGREEMENT, or for other reasons which may arise. In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefor, the CITY shall within thirty (30) calendar days of termination remunerate the ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER'S prevailing fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred up to the time of termination, as well as those associated with termination and post-termination activities. 10. Independent Contractor ENGINEER shall act as an independent contractor in the performance of the services provided for in this Agreement and shall furnish such services in ENGINEER'S own manner and method and in no respect be considered an agent or employee of CITY. 11. Non-Assignment This Agreement is not assignable either in whole or in part by either party without the written consent of the other. 3 12. Ownership of Documents All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as instruments of service shall remain the property of the ENGINEER. The ENGINEER shall retain these records for a period of three (3) years following submission of his or her report, during which period they will be made available to the CITY at all reasonable times. 13. Limitation of Liability CITY agrees to limit ENGINEER'S liability to CITY and to all contractors and subcontractors on the project, due to professional negligence, acts, errors or omissions of ENGINEER, to the sum of $50,000 or ENGINEER'S fees, whichever is greater. 14. Indemnification ENGINEER hereby agrees to and shall hold CITY, its elective and appointive boards, officers and employees harmless from any liability for damage or claims for damage for personal injury including death as well as from claims for property damage which may arise from ENGINEER'S negligent acts, errors or omissions under this Agreement to the extent such suit is caused by reason of any of the aforesaid negligent acts, errors or omissions. 15. Insurance Without limiting ENGINEER'S indemnification of City as stated in Paragraph 14 above, ENGINEER shall provide and maintain at its own expense during the term of this Agreement the following policy or policies of insurance covering its performance under this Agreement: a. General Liability: Such insurance shall include, but not be limited to, comprehensive general liability coverage with a combined single limit of not less than five hundred thousand dollars ($500,000) per occurrence. Such insurance shall name the City of San Bernardino as an additional insured. b. Worker's Compensation: Consultant shall cover its employees with Worker's Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California. 4 16. Notices Official notices relative to this Agreement shall be in writing and addressed to the following representatives of ENGINEER and CITY: ENGINEER CITY GFB-Friedrich & Assoc., Inc. Mr. Roger Hardgrave Attn: Mr. John Friedrich Director of Public Works/ 6809 Indiana Ave., Suite 201 City Engineer Riverside, CA 92506 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officer duly authorized in that behalf. GFB-FRIEDRICH & ASSOC., INC. CITY OF SAN BERNARDINO A California Corporation A Municipal Corporation BY: " BY: ohn A. riedrich, President Tom Minor, Mayor ATTEST: Rachel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman, City Attorney 5 EXHIBIT "A" SCOPE OF WORK Following are the professional services to be rendered relative to the FY 1994/95 renewal and upgrading of Assessment District No. 994. Under this Agreement, CITY will provide the data processing and assessment spreads, notice and mailing services, field research, map recordation and collection services necessary to renew this assessment district. ENGINEER will prepare the boundary map, assessment diagram and Engineer's Report, analyze parcel data to recommend an�appropriate assessment formula, and attend staff meetings and City Council hearings. Following is the Scope of Services, with a detailed list of ENGINEER'S tasks, required to assist CITY in renewing Assessment District No. 994. Scope of Services 1. In conjunction with CITY staff, determine location of annexations to CITY since the original formation of Assessment District No. 994. 2. Prepare updated boundary map and assessment diagram including recent CITY annexations (Assume a one (1) sheet boundary map and a five (5) sheet assessment diagram). 3. Analyze parcel data prepared by CITY staff to determine appropriate assessment formula for street lighting and street sweeping services. 4. Prepare Engineer's Report to include, as a minimum: a. Boundary b. Description of improvements C. Estimate d. Assessment formula e. Assessment spread. Most of the above items will be provided by CITY in a raw format. ENGINEER will apply the information to the preparation of the Engineer's Report. The Engineer's Report will reflect recent CITY annexations, as well as any changes in the improvements/services to be financed. 5. Attend five (5) CITY staff meetings. 6. Attend two (2) Legislative Review Committee meetings. A-1 7. Attend three (3) City Council meetings/hearings. 8. Coordination with CITY staff and legal counsel. 9. Project administration, unscheduled meetings, deliveries, etc. END A-2 August 1, 1993 EXHIBIT "B" GFB-FRIEDRICH & ASSOC., INC. SCHEDULE OF HOURLY RATES CLASSIFICATION RATE 1. Principal $ 96.00 per hour 2. Senior Registered Engineer $ 90.00 per hour 2a. Registered Engineer $ 84.00 per hour 3. Project Manager $ 78.00 per hour 4. Drafter/Field Inspector $ 63.00 per hour 4a. Special Districts Analyst $ 63.00 per hour 5. Designer $ 72.00 per hour 6. 2-Man Survey Party - $ 145.00 per hour 7. 3-Man Survey Party $ 192.00 per hour 8. Survey Computer $ 70.00 per hour 9. Clerical $ 37.00 per hour 10. Engineering Aide $ 35.00 per hour Sub-Consultants Sub-Consultant Fee plus 10% Blueprints, Reproduction & Courier Service Vendor Costs Job Travel $ 0.36 per mile Delivery $ 20.00 per hour plus mileage NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31, 1994 and shall be subject to annual revision based on changes in the cost of living and the Union Labor Agreement. B-1 Verne Nadeau City of San Bernardino January 11, 1994 Page Two The City shall pay Counsel for services at the rate of $150 . 00 per hour, not to exceed $10, 000 . 00 . The City agrees to furnish to Counsel maps and other documents and proceedings as are available and required by Counsel in the performance of its services. Counsel states that it does not represent clients with any adverse interest to the City as it relates to the formation of the District. Counsel further states that it does have both professional liability and workers, compensation insurance and will provide evidence of such coverage upon the request of the City. We look forward to working with the staff on the proceedings for the formation of this District. Very truly yours, Brown, Diven & Hentschke WARREN B. DIVEN APPROVED BY THE CITY OF SAN BERNARDINO, CALIFORNIA THIS DAY OF 1994 . CITY CLERK CITY OF SAN BERNARDINO STATE OF CALIFORNIA HLNT;CIIKF \m NA\ »l 10i t P (01Q 450 January 11, 1994 Verne Nadeau, Real Property Specialist City of San Bernardino 300 North I'D" Street San Bernardino, CA 92418 RE: ASSESSMENT DISTRICT NO. 994 Dear Verne: This letter will act as a proposal to act as special counsel to the City in connection with the City-wide Assessment District No. 994 (hereinafter the "District") as adopted under a procedural ordinance of the City of San Bernardino, a charter city. The services under this Agreement shall generally be the following: 1. Preparation and/or review of all documents required in the proceedings; 2 . Examination of the proceedings, step-by-step, as taken; 3 . Appear at hearings under the proceedings, and attend meetings where attendance is required; 4 . Review the Report of the Engineer as it relates to the proceedings; 5 . Review and examine the proposed boundary map and assessment diagram; 6 . Review the method and formula utilized by the Engineer for the spread of the assessment; 7 . offer instruction and advice in connection with any of the foregoing; 8 . Any other customary legal services necessary for the formation of the District.